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Intern Lawsuits Move to State Court; Face Class Decertification, Labor Test Uncertainties
The cases left on the docket feature a glitzy list of Manhattan-based fashion and media defendants ' Dolce & Gabbana, Ralph Lauren, Giorgio Armani, CBS, Simon & Schuster and many others. More than 40 “active” lawsuits in all, claiming that the companies' unpaid internship programs violated employment laws.
Both before and after the U.S. Court of Appeals for the Second Circuit, in its 2015 Glatt v. Fox Searchlight Pictures decision, 11 F.3d 528 ' which vacated a class certification on the ground that “the question of an intern's employment status is a highly individualized inquiry” and thus curtailed the ability of unpaid interns to sue for back wages in federal court ' two New York firms have been teaming up to bring a slew of putative intern class actions in state court in Manhattan. For at least three years, Leeds Brown Law and Virginia & Ambinder have sought to take advantage of what they see as the state's “much more liberal interpretation” of what is required for class certification.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.